Your browser doesn't support JavaScript or JavaScript support has been disabled. You must enable JavaScript to use this application.

A woman has primary custody of her children, and is currently separated from her husband. They reside in state of New Jersey. They are both dating other people. However, the woman recently started dating another woman. Her husband is filing for sole custody of the children because of her same sex relationship. In New Jersey, will a same sex relationship cause her husband to be granted sole custody of the children?

3 Answers from Attorneys

All custody determinations are made "in the best interests of the children". Sexual preference of a parent should not be a factor.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you should contact a Family Law attorney to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner